Yes, a Montana court can order maintenance (alimony) before the divorce is final. Under MCA § 40-4-121, either spouse may file a motion for temporary maintenance, temporary child support, or a temporary family support order, supported by an affidavit. The order lasts while the case is pending and does not decide the final award. This page is part of our Montana Divorce Guide.
Three Kinds of Temporary Money Orders
Section 40-4-121(1) names three orders a spouse can ask for.
| Order | What it does |
|---|---|
| Temporary maintenance | Support for a spouse while the case is pending, decided in conformity with the maintenance statute, § 40-4-203. |
| Temporary child support | Support for a child of the marriage, determined as required by the child support statute, § 40-4-204. |
| Temporary family support | One order directing one or both spouses to pay the liabilities of the marital estate out of named income sources during the case. It can include maintenance and child support. |
The family support order is the practical one for many households. Instead of sorting out at the start what is maintenance and what is child support, it deals with the bills: who pays the mortgage or rent, the car loan, the insurance, and the credit cards while the case moves forward.
The Motion and the Affidavit
A request starts with a written motion. The statute requires that it "be accompanied by an affidavit setting forth":
- the factual basis for the motion;
- the amounts requested;
- a list of marital estate liabilities;
- a statement of sources of income of the parties and of a child of the marriage entitled to support; and
- for a temporary family support order, a proposal designating the party responsible for paying each liability.
An affidavit is a sworn statement, so the numbers in it need to be accurate and supportable. Pay stubs, bank statements, and a realistic monthly budget are the usual backup. The same information feeds the financial disclosures each spouse must serve early in the case. See financial disclosure in a Montana divorce.
The other spouse is entitled to respond. How quickly a motion is heard, and whether the judge decides on the papers or holds a hearing, varies by court and by the court's calendar.
The Standard the Court Applies
Subsection (7) says the court may issue an order for temporary maintenance, temporary child support, or temporary family support "in amounts and on terms just and proper in the circumstance," on the basis of the showing made and "in conformity with 40-4-203 and 40-4-204."
For maintenance, that points to the same statute that governs the final award: whether the spouse asking lacks sufficient property for reasonable needs and cannot be self-supporting through appropriate employment, and then the listed factors, including the other spouse's ability to pay. Marital misconduct is not considered. Our page on who qualifies for maintenance explains the test.
How a Family Support Order Works
A temporary family support order "must, without prejudice, direct one or both parties to pay, out of certain income sources, liabilities of the marital estate during the pendency of the action." Several features are worth knowing:
- Assets can be used if income falls short. If income sources are insufficient to meet the periodic liabilities, the order may direct that certain liabilities be paid from assets of the marital estate.
- Payments can be relabeled later. At any time during the case the court may designate family support payments as temporary maintenance, temporary child support, or partial property distribution, retroactive to the date of the motion.
- Public assistance changes the form. When a party receives public assistance for the children, the order must separately state the child support and maintenance amounts.
That relabeling power matters. Money paid under a family support order may end up counted as an advance on the property division instead of as support.
How Temporary Orders Relate to the Final Award
A temporary order is a bridge. Under § 40-4-121(8), it may be revoked or modified on a showing by affidavit, it terminates on order of the court or when the petition is voluntarily dismissed, and a temporary family support order terminates on entry of the decree.
The final maintenance decision is made fresh under § 40-4-203, usually after the court knows how the property will be divided, because the property each spouse receives is part of the test. A spouse who received temporary maintenance may receive a different amount, a fixed term, or none in the decree. A spouse who paid it is not locked into that figure.
Federal tax rules treat a temporary support order as a divorce or separation instrument. See maintenance and taxes.
Other Protections While the Case Is Pending
Temporary maintenance is one of several tools for the months between filing and decree. The automatic economic restraining order that issues with the summons restrains both spouses from disposing of marital property, with an exception for expenses necessary to reasonably maintain the marital standard of living and for the necessities of life (MCA § 40-4-126). The court can also order one spouse to contribute to the other's attorney fees and costs. Our guide to temporary orders during divorce covers the rest, including temporary parenting arrangements.
If you are leaving because you are not safe, call 911 in an emergency. The National Domestic Violence Hotline is 1-800-799-7233, and our Montana Domestic Violence Guide explains orders of protection.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.